Research › Search › Judgment

Karnataka High Court · body

2020 DIGILAW 4 (KAR)

Ayub v. State Of Karnataka

2020-01-02

H.B.PRABHAKARA SASTRY

body2020
JUDGMENT 1. The present petitioners who are accused nos.2 and 5 in split-up C.C.No.1654/2019 pending before the II Additional Civil Judge and JMFC, Kalaburagi, have filed this petition seeking their enlargement on bail under section 439 of Code of Criminal Procedure (hereinafter for brevity referred to as Cr.P.C). The offences alleged against the present petitioners are punishable under sections 498A, 302 read with section 149 of Indian Penal Code. 2. The summary of the case of prosecution is that the present petitioners joined by accused no.1 Shri Zameer committed the murder of Smt. Fatima alias Jabeen Fatima in the house of accused no.1 on the night of 27.08.2018 by hanging her to the ceiling of the house with the help of a rope. 3. The learned counsel for the petitioners submits that the prosecution has not collected sufficient material to prove the alleged guilt against the accused even prima facie. The alleged statements of the daughters of the deceased is not reliable and trustworthy since they are two small children and their statement requires to be considered very cautiously and with utmost care. He further submits that the accused no.1 is none else than the husband of the deceased who has already been enlarged on bail by this court, as such, on the ground of parity also the present petitioners deserve to be enlarged on bail. 4. The prosecution, which like in other cases, also has not filed its objections to the petition in this matter and through its High Court Government Pleader submitted that there are two eyewitnesses to the alleged incident who are none else than the children of the deceased as such there are no reasons to disbelieve their version. He further submits that the accused no.1 was enlarged on bail considering the fact that the alleged eyewitnesses who are his minor children, as such, they should have parental care. 5. A perusal of the charge sheet, at this stage prima face would go to show that the prosecution mainly relies upon the alleged statement said to have been given by CW-10 and CW-11 who are two minor daughters of the deceased. 5. A perusal of the charge sheet, at this stage prima face would go to show that the prosecution mainly relies upon the alleged statement said to have been given by CW-10 and CW-11 who are two minor daughters of the deceased. A reading of their alleged statement before the Investigating Officer at this stage prima facie go to show that both the children appears to have stated that their father, who is accused no.1 herein, joined by the present petitioners have strangulated their mother on the night of 27.08.2018 in their house. However the fact remains that the said father of those two children who is none else than the husband of the deceased has already been enlarged on bail under section 439 Cr.P.C. The circumstances of the case at this stage would go to show that the role of the present petitioners is not grievous or heinous than the role of accused no.1 in the instant case. As such, the present petitioners deserve the same treatment as that of accused no.1. Further, it is not in dispute that the present petitioners are in judicial custody since few months and their continuation in the custody is not required in the matter as the investigation has long back been completed and charge sheet has been filed. However, the apprehension of the prosecution of the possibility of the petitioners absconding from the trial may be checked by imposing suitable restrictions. Accordingly, I proceed to pass the following: ORDER The petition is allowed. The petitioner no.1 - Ayub S/o Maheboob Qureshi and the petitioner no.2 - Mansoor S/o Maheboob Qureshi be enlarged on bail in Crime No.70/2018 of Women Police Station, Kalaburagi, subject to the following conditions: (i) That each of the petitioners shall execute a person bond for a sum of Rs.1,00,000/- with two solvent sureties for the likesum to the satisfaction of the enlarging court. (ii) The petitioners to give in writing about the change in their address, if any, to the Investigating Officer as and when such change occurs and obtain acknowledgement in that regard. (iii) They shall appear before the Court on all the dates of hearing. (iv) They shall not hamper or tamper the prosecution witnesses and documents in any manner.